Bill Text: IA SSB3059 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the expungement of records of certain misdemeanor offenses.

Sponsorship: Committee Bill

Status: (N/A - Dead) 2018-01-25 - Subcommittee recommends amendment and passage. [SSB3059 Detail]

Download: Iowa-2017-SSB3059-Introduced.html

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Senate Study Bill 3059 - Introduced
SENATE FILE _____
BY (PROPOSED COMMITTEE
ON JUDICIARY BILL BY
CHAIRPERSON ZAUN)
A BILL FOR
An Act relating to the expungement of records of certain
misdemeanor offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. NEW SECTION . 901C.3 Misdemeanor —— expungement.
1. Upon application of a defendant convicted of a
misdemeanor offense, the court shall enter an order expunging
the record of such a criminal case, as a matter of law, if
the defendant has established that more than eight years have
passed since the date of the conviction, and the defendant
has not been subsequently convicted of or granted a deferred
judgment for any criminal offense, other than a simple
misdemeanor conviction under chapter 321 or of a similar local
ordinance.
2. All court costs, fees, fines, and restitution and other
financial obligations ordered by the court or assessed by the
clerk of the district court have been paid.
3. An expungement under this section shall not be entered
for any of the following misdemeanor convictions:
a. A conviction under section 123.46.
b. A simple misdemeanor conviction under section 123.47,
subsection 3.
c. A conviction for dependent adult abuse under section
235B.20.
d. A conviction under section 321.218, 321A.32, or 321J.21.
e. A conviction under section 321J.2.
f. A conviction for a sex offense as defined in section
692A.101.
g. A conviction for involuntary manslaughter under section
707.5.
h. A conviction for assault under section 708.2, subsection
3.
i. A conviction under section 708.2A.
j. A conviction for robbery in the third degree in violation
of section 711.3A.
k. A conviction under chapter 717C.
l. A conviction under chapter 724.
m. A conviction for prostitution under section 725.1,
subsection 1, if the offender is under eighteen years of age.
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n. A conviction under chapter 726.
o. A conviction under chapter 728.
p. A conviction under chapter 901A.
q. A conviction under prior law of an offense comparable to
an offense enumerated in this subsection.
4. A person shall only be allowed to apply for an
expungement of a record under this section one time in
the person’s lifetime. However, the one application may
request the expungement of records relating to more than one
misdemeanor offense if the misdemeanor offense arose from the
same transaction or occurrence.
5. Notwithstanding section 692.2, after receipt of
notice from the clerk of the district court that a record of
conviction has been expunged under subsection 1, the record
of conviction shall be removed from the criminal history data
files maintained by the department of public safety if such a
record was maintained in the criminal history data files.
6. This section applies to a misdemeanor conviction that
occurred prior to, on, or after July 1, 2018.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the expungement of records of certain
misdemeanor offenses.
The term “expunged” means the court’s criminal record with
reference to a deferred judgment or any other criminal record
has been segregated in a secure area or database which is
exempted from public access.
A person shall not receive an expungement pursuant to the
bill unless all court costs, fees, fines, and restitution and
other financial obligations ordered by the court or assessed by
the clerk of the district court have been paid.
The bill provides that upon the application of a defendant
convicted of a misdemeanor, the court shall enter an order
expunging the record of such criminal case, as a matter of
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law, if the defendant has established that more than eight
years have passed since the date of the conviction, and the
defendant has not been subsequently convicted of or granted a
deferred judgment for a criminal offense, other than a simple
misdemeanor conviction under Code chapter 321 or of a similar
local ordinance.
The bill does not apply to the following misdemeanor
offenses: simple misdemeanor convictions under Code sections
123.46 (consumption or intoxication in public place) and
123.47(3) (alcohol consumption by persons under legal
age), because expungement procedures already exist for both
offenses; convictions for dependent adult abuse under Code
section 235B.20; convictions relating to operating a motor
vehicle with an invalid driver’s license under Code sections
321.218, 321A.32, or 321J.21; convictions for operating while
intoxicated under Code section 321J.2; convictions of a sex
offense as defined in Code section 692A.101; convictions for
involuntary manslaughter under Code section 707.5; convictions
for assault involving a dangerous weapon under Code section
708.2(3); convictions for domestic abuse assault under Code
section 708.2A; convictions for robbery in the third degree
under Code section 711.3A; convictions under Code chapter 717C
(bestiality); convictions under Code chapter 724 (weapons);
aggravated misdemeanor convictions under Code section 725.1(1)
(prostitution) if the offender is under 18 years of age
because expungement procedures already exist for this offense;
convictions under Code chapter 726 (protections of the family
and dependent persons); convictions under Code chapter 728
(obscenity); convictions under Code chapter 901A (sexually
predatory offenses); any conviction that includes a dangerous
weapon, neglect, or abuse of another person as an element of
the offense; and any conviction under prior law of an offense
comparable to an offense enumerated in the bill.
The bill prohibits a person from applying more than once
for an expungement of the person’s record. However, the one
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application may request the expungement of records relating to
more than one misdemeanor offense if the misdemeanor offenses
arose from the same transaction or occurrence.
The bill also provides that after receipt of notice from the
clerk of the district court that a record of conviction has
been expunged, the record of conviction shall be removed from
the criminal history data files maintained by the department of
public safety if such a record was maintained in the criminal
history data files.
The bill applies to misdemeanor convictions that occur prior
to, on, or after July 1, 2018.
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